An Act to provide for the establishment of a Board for the planning and integrated implementation of measure for the control of floods and bulk erosion in the
Brahmaputra Valley and for matters connected there with.
Be it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:-
CHAPTER 1 PRELIMINARY
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called The Brahmaputra Board Act, 1980.
(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint
SECTION 02: DECLARATION AS TO EXPEDIENCY OF CONTROL BY THE UNION
It is hereby declared that it is expedient in the public interest that the Central Government should take under its control the regulation and development of the inter-State Brahmaputra river valley to the extent hereinafter provided
SECTION 03: DEFINITIONS
In this Act, unless the context otherwise requires,-
(a) "Board" means the Brahmaputra Board established under section 4;
(b) "Brahmaputra Valley" means the inter-State Brahmaputra river valley as demarcated under section 11-;
(c) "Fund" means the Brahmaputra Board Fund constituted under section 19-;
(d) "Master Plan" means the Master Plan for the control of floods, bank erosion and improvement of drainage in the Brahmaputra Valley prepared under section 12-and includes, where it is prepared in parts, each such part;
(e) "member" means a member of the Board;
(f) "prescribed" means prescribed by rules made under this Act;
(g) "regulations" means regulations made by the Board under this Act;
(h) "rules" means rules made by the Central Government under this Act;
(i) "State Government", in relation to a Union territory, means the administrator thereof appointed under Article 239 of the Constitution.
CHAPTER 2 ESTABLISHMENT OF THE BOARD
SECTION 04: ESTABLISHMENT AND INCORPORATION OF THE BRAHMAPUTRA BOARD
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act a Board, to be called the Brahmaputra Board.
(2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued. .
(3) The Board shall consist of the following members, namely:-
(a) a Chairman and a Vice-Chairman to be appointed by the Central Government;
(b) the General Manager of the Board and the Financial Adviser to the Board, exoficio;.
(c) a member each to represent respectively the Government of Assam, Meghalaya, Nagaland, Manipur and Tripura and the Administrations of Arunachal Pradesh and Mizoram, and the North-Eastern Council constituted under section 3 of the North-Eastern Council Act, 1971-, to be appointed by the Central Government:
(d) a member each to represent respectively the Ministers of the Central Government dealing with agriculture, irrigation, finance, power and transport lo be appointed by the Central Government;
(e) a member each to represent respectively the Central Water Commission, the Central Electricity Authority, the Geological Survey of India, the India Meteorological Department, to be appointed by the Central Government.
(4) If any member, for infirmity or otherwise, is incapable of carrying out his duties or is absent on leave otherwise than in circumstances not involving the vacation of his appointment, the Central Government may appoint other person to act in his place.
(5) Any officer of the Central Government, not being a member of the Board, if deputed by that Government in this behalf, shall have the right to attend the meetings of the Board and take part in the proceedings thereof, but shall not be entitled to vole.
(6) The Board may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in complying with any of the provisions of this Act and a person so associated shall have the right to take part in the discussions of the Board relevant to the purpose for which he has been associated, but shall not be entitled to vote.
(7) No act or proceeding of the Board shall be invalidated merely by reason of-
(a) any vacancy in, or any defect in the constitution of the Board; or
(b) any defect in the appointment of a person acting as a member of the Board; or
(c) any irregularity in the procedure of the Board not affecting the merits of the case.
(8) Subject to any rules made under this Act, the Board may constitute a Standing Committee consisting of the General Manager of the Board, Financial Adviser to the Board and three other members of the Board. '
(9) The Standing Committee constituted under sub-section (8) shall perform, exercise and discharge such of the functions, powers and duties of the Board as may be prescribed or as may be delegated to it by the Board.
SECTION 05: CONDITIONS OF SERVICE OF MEMBERS
The term of office of the members (other than the ex officio members) and other conditions of service of the members shall be such u may be prescribed.
SECTION 06: POWERS OF CHAIRMAN AND VICE-CHAIRMAN
(1) The Chairman shall, in addition to presiding over the meetings of the Board, exercise and discharge such powers and duties of the Board as may be delegated to him by the Board and such other powers and duties as may be prescribed,
(2) The Vice-Chairman of the Board shall exercise and discharge such of the powers and duties of the Chairman as may be prescribed or as may be delegated to him by the Chairman.
SECTION 07: GENERAL MANAGER
(1) The Central Government shall appoint the General Manager of the Board.
(2) The terms and conditions of service of the General Manager shall be such as may be prescribed.
(3) Subject to the general superintendence and control of the Board and the Chairman of the Board, the General Manager shall be the Chief Executive Authority of the Board.
(4) The General Manager shall exercise and discharge such of the powers and duties of the Chairman as may be prescribed or as may be delegated io him by the Chairman, and such Other powers and duties as may be prescribed by rules or determined by regulations.
SECTION 08: FINANCIAL ADVISER
(1) The Central Government shall appoint the Financial Adviser to the Board,
(2) The terms and conditions of service of the Financial Adviser shall be such as may be prescribed.
SECTION 09: CHIEF ENGINEERS, SECRETARY AND OTHER OFFICERS
(1) The Central Government shall appoint-
(a) two Chief Engineers to assist the General Manager of the Board; and
(b) the Secretary of the Board.
(2) The Board may appoint such other officers and employees as it considers necessary for the efficient of its functions under this Act.
(3) The terms and conditions of service of the Chief Engineers, the Secretary and other officers and employees of the Board shall be such as may be determined by regulations.
SECTION 10: ADVISORY COMMITTEES
Subject to any rules made in this behalf, the Board may from lime to time constitute such Advisory Committees as may be necessary for the efficient discharge of its functions.
CHAPTER 3 FUNCTIONS AND POWERS OF THE BOARD
SECTION 11: LIMITS OF THE BRAHMAPUTRA VALLEY
(1) As soon as maybe after the commencement of this Act, the Central Government shall, by notification in the Official Gazette, demarcate the limits of the Brahmaputra Valley for the purposes of this Act.
(2) The Board shall perform such of us function- and exercise such of the powers within such areas in the Brahmaputra Valley as the Central Government may, by notification in the Official Gazette, specify from time to time: Provided that before issuing any notification in respect of any area under this sub-section the Central Government shall consult the Government of the State within which such area is Situated.
SECTION 12: MASTER PLAN FOR THE CONTROL OF FLOODS, ETC. IN THE BRAHMAPUTRA VALLEY
(1) Subject to the other provisions of this Act and the rules, the Board shall carry out surveys and investigations in the Brahmaputra Valley and prepare a Master Plan for the control of floods and bank erosion and improvement of drainage in the Brahmaputra Valley : Provided that the Board may prepare the Master plan in part with reference to different areas of the Brahmaputra Valley or with reference to different matters relating to such areas and may as often as it considers necessary so to do, revise the Master Plan or any part thereof.
(2) In preparing the Master Plan, the Board shall have regard to the development and utilization of the water resources of the Brahmaputra Valley for irrigation, hydro power, navigation and other beneficial purposes and shall, as far as possible, indicate in such plan the works and other measures which may be undertaken for such development.
(3) The Master Plan shall be submitted to the Central Government as soon as may be after it has been prepared or, as the case may be, revised and the Central Government shall, after consultation with the State Governments concerned, approve the same subject to such modifications as it may deem fit.
SECTION 13: OTHER FUNCTIONS OF THE BOARD
(l)The Board shall also-
(a) prepare detailed reports and estimates in respect of the dams and other projects proposed in the Master Plan as approved by the Central Government and indicate in each case the cost attributable to different purposes or uses;
(b) draw up standards and specifications for the construction, operation and maintenance of such dams and other project:
(c) construct, with the approval of the Central Government, multi-purpose dims and works connected there with proposed in the Master Plan as approved by the Central Government and maintain and operate such dams and works;
(d) prepare, in consultation with the State Governments concerned, a phased programme for the construction by the State Governments of all dams and other projects proposed in the Master Plan as approved by the Central Government other than those referred to in clause (c);
(e) perform any other functions which may be prescribed for the proper implementation of this Act;
(f) perform such other functions as are supplemental, incidental or consequential to the functions specified in section 12-or in clauses (a) to (d), or prescribed under clause (e), of this sub-section.
(2) Notwithstanding anything contained in clause (d) of sub-section (1) the Board may, with the prior approval of the Central Government construct any dam or project referred to in that clause if it is satisfied, having regard to the cost of construction and the expertise required for the construction, of any such dam or project, that it is expedient so to do.
(3) The Board may maintain and operate any dam or project referred to in sub-section (2) for so long as it deems it necessary so to do.
SECTION 14: CONDITIONS SUBJECT TO WHICH THE BOARD MAY PERFORM ITS FUNCTIONS
The performance by the Board of the functions specified in, or prescribed under sections 12-and13-shall be subject to the following conditions, namely:-
(a) no multi-purpose dam referred to in clause (c)of sub-section (1) of section 13-shall be constructed by the Board unless the State Governments concerned make available the land required for the purpose;
(b) no dam or project referred to in clause (d) of sub-section (1) of section 13-shall be constructed by the Board unless the State Governments concerned make available free of cost the land required for its execution and also undertake to take over its maintenance on and from the expiry of such period after its completion as may be specified by the Board;
(c) no dam or other works shall be undertaken by the Board unless the State Governments concerned agree to provide all such assistance as may be required for the construction, operation and maintenance thereof;
(d) such other conditions (including conditions relating to the sharing by the State Governments concerned of the whole or any part of cost of dam or other works constructed by the Board) as may be specified by the Central Government by general special order published in the Official Gazette: Provided that before undertaking the construction of any such dam or other works the board shall apprise the State Governments concerned of the cost of construction of, and the benefits likely to accrue from, such dam other works and the proportion in which the State Governments shall shale such cost and benefits, Provided further that if the Board and the State Governments are unable to agree in respect of the sharing of the cost and benefits of any such dam or other works, the Board shall refer the matter to the Central Government for decision and the Central Government shall decide such matter after consulting the State Governments and the decision of the Central Government shall be final.
SECTION 15: GENERAL POWERS OF THE BOARD
(1)-Subject to the provisions of this Act and the rules, the Board shall have the power to do anything which may be necessary or expedient for the purpose of performing its functions under this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Board may-
(a) publish statistics or other information relating to various aspects of flood control, bank erosion and drainage in the Brahmaputra Valley:
(b) require the State Governments concerned to furnish to it information relating to the measures undertaken by them for the control of floods and bank erosion and improvement of drainage in the Brahmaputra Valley, to pro-graphical, meteorological and hydrological and other related data and such other information as the Board may require for the performance of its functions under this Act.
SECTION 16: FORWARDING OF, AND CONSULTATION WITH RESPECT TO PLANS ETC PREPARED BY THE BOARD
(1) The Board shall forward copies of the Master Plan, reports, estimates, standards and specifications prepared by it to the Central Government and the State. Governments concerned.
(2) The Central Government and the State Government concerned may consult the Board with regard to any matters connected with, or arising out of, such plan reports, estimates or standards and specifications.
(3) If, for any reason, a State Government considers it necessary to execute any project for the control of floods and bank erosion and drainage work in the Brahmaputra Valley and such project is not envisaged in the Master Plan or such project is intended to be executed by the State Government in a manner not in conformity with the Master Plan, the State Government may consult the Board with regard to the execution of the project and the Board may make such recommendations as it may deem fit: Provided that nothing contained in this sub-section shall be construed as imposing any requirement on any State Government to consult the Board with regard to the execution of any works which have become urgently necessary by reason of any emergency or other extraordinary circumstances.
CHAPTER 04 CONTROL BY CENTRAL GOVERNMENT
SECTION 17: DIRECTIONS AND INSTRUCTIONS BY CENTRAL GOVERNMENT
(1) The Central Government may, from time to time, issue to the Board such directions and instructions as it may deem necessary for the efficient administration to this Act and the Board shall carry out such directions and instructions.
(2) In particular and without prejudice to the generality of the provisions of sub-section (1), the Central Government may, while granting (whether directly or through the Board and after due appropriation made by Parliament by law in that behalf, any financial assistance, by way of loans or grants for the execution by any State Government of any dam or other project referred to in clause (d) of sub-section (1) of section 13-after obtaining the approval of the State Government in this behalf, direct the Board to exercise all such powers as may be necessary for satisfying itself that the works are being executed in accordance with the standards and specifications laid down therefore by the Board.
CHAPTER 05 FINANCE, ACCOUNTS AND AUDIT
SECTION 18: GRANTS AND LOANS BY CENTRAL GOVERNMENT
The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Board such sums of money as the Central Government may consider necessary,
SECTION 19: CONSTITUTION OF BRAHMAPUTRA BOARD FUND
(1) There shall be constituted a Fund to be called the Brahmaputra Board Fund and there shall be credited thereto the sums paid to the Board by the Central Government or by any State Government and all other sums received by the Board.
(2) The Fund shall be applied -
(a) for meeting the salary, allowances and other remuneration of the members, officers and other employees of the Board and other administrative expenses of the Board,
(b) for meeting the expenditure on surveys and investigations undertaken by the Board;
(c) for meeting the cost of construction, operation and maintenance of projects undertaken by the Board;
(d) for meeting the other expenses of the Board in the discharge of its functions under this Act; and
(e) if any sums are received by the Board under sub-section (2) of section 17-, for the payment of such sums to the State Governments concerned.
SECTION 20: BUDGET
The Board shall prepare, in such form and at such time each year as may be prescribed, its budget for the next financial year, showing the estimated expenditure, the amount of expenditure which any State Government has undertaken to provide for, and forward the same to the Central Government.
SECTION 21: ANNUAL REPORT
The Board shall prepare, in such form and at such time each year as may be prescribed, its annual report, giving a full account of its activities during the previous year, and forward copies thereof to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
SECTION 22: ACCOUNT AND AUDIT
The accounts of the Board shall be maintained and audited in such manner as may, in consultation with the Comptroller and Auditor-General of India. be prescribed.
CHAPTER 06: MISCELLANEOUS
SECTION 23: DISPUTES BETWEEN THE BOARD AND THE STATE GOVERNMENTS
(1) if any dispute arises between the Board and any State Government regarding any matter covered by this Act or touching or arising out of it, it shall be referred to the Central Government
(2) The Central Government shall endeavour to resolve the dispute by negotiations or conciliation in such manner a may be prescribed.
(3) Notwithstanding anything contained in sub-section (2)if the Central Government considers, whether before initiating action for resolving a dispute by negotiations or conciliation or at any stage after initiating such action, that the dispute is of such a nature that it is necessary or expedient to refer it to arbitration, the Central Government shall, in such form and in such manner as may be prescribed, refer the matter in dispute to an arbitrator who shall be appointed by the Chief Justice of India.
(4) The arbitrator may appoint two or more persons as assessors to assist him in the proceedings before him.
(5) The decision of the arbitrator shall be final and binding on the parties to the dispute and shall be given effect to by them.
(6) Nothing in the Arbitration Act, 1940-shall apply to any arbitration under this section.
SECTION 24: REMOVAL, ETC... OF MEMBERS
(1) The Central Government may remove from the Board any member who, in its opinion-----
(a) refuses to act,
(b) has become incapable to act,
(c) has so abused his office as a member so as to render his continuance on the Board detrimental to the interests of the public, or
(d) is otherwise unsuitable to continue as a member.
(2) The Central Government may suspend any member pending an inquiry against him.
(3) No order of removal under this section shall be made unless the member concerned has been given an opportunity to submit his explanation to the Central Government and when such order is passed, the seat of the member removed shall be declared vacant,
(4) A member who has been removed under this section shall not be eligible for reappointment as a member or in any capacity under the Board.
(5) If the Board fails to carry out its function or directions issued by the Central Government under this Act, the Central Government shall have power to reconstitute the Beard.
SECTION 25: POWER TO ENTER
Subject to any rules made in this behalf, any officer of the Board generally or specially authorised by the Board in this behalf, may, at all reasonable times, enter upon any land or premises and there do such things as may be reasonably necessary for the purpose of lawfully carrying out any of its works or of making any survey examination or investigation, preliminary or incidental to the exercise of powers or the performance of the functions by the Board under this Act: Provided that no such officer shall enter any building or any enclosed court or garden attached to a dwelling house, unless with the consent of the occupier there of, without previously giving such occupier at least seven days' notice in writing of his intention to do so.
SECTION 26: MEMBERS, OFFICERS AND EMPLOYEES OF THE BOARD TO BE PUBLIC SERVANTS
All members, officers and employees of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code-
SECTION 27: PROTECTION OF ACTION TAKEN IN GOOD FAITH
(1) No suit, prosecution or other legal proceedings shall lie against the Government or any officer of the Government or any member, officer or employee of the Board for anything which is in good faith done or intended to be done under this Act or the role* or regulation.
(2) No suit or other legal proceedings shall lie against the Board for any damage caused, or likely to be caused by anything in good faith done or purported to be done under this Act or the rules or regulations, and in particular, it shall not be the responsibility of the Board to provide for relief measures necessitated by floods or by breaches and failure of work".
SECTION 28: POWER TO MAKE RULES
(1) The Central Government may, by notification in the Official Gazette, make rules2to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the matters with respect to the standing committee of the Board referred to in sub-sections (8) and (9) of section 4-;
(b) the term of office of members (other than' the ex officio members) and other conditions of service of the members, of the Board under section 5-;
(c) the powers and duties of the Chairman and Vice-Chairman under section 6-;
(d) the terms and conditions of service and the powers and duties of the General Manager under section 7-; (e) the terms and conditions of service of the Financial Adviser under section 8-;
(f) the conditions and restrictions with respect to carrying out surveys and investigations and preparation of a Master Plan under sub-section(l) of section 12-and other matters relating thereto:
(g) the additional functions of the Board under clause (e) of sub-section (1) of section 13;
(h) the conditions and restrictions with respect to the general power of the Board under subsection
(1) of section 1-and other matters relating thereto;
(i) the form in which and the time when the Board shall prepare its budget under section 20-and its annual report under section 21-, and the manner in which the accounts of the Board shall be maintained and audited under section 22-;
(j) the manner in which the Central Government shall endeavour to resolve, under sub-section (2) of section 23-, the disputes referred to-therein and the form and manner in which such disputes may be referred, under sub-sec. (3) of that section, to arbitration;
(k) the conditions and restrictions with respect to the exercise of the powers to enter under section 25-and other matters relating thereto;
(l) Any other matter which is to be, or may be prescribed in respect of which provision is to be, or may be, made by rule.
SECTION 29: POWER TO MAKE REGULATIONS
(1) The Board may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations3consistent with this Act and the rules generally to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulation may provide for all or any of the following matters, namely:-
(a) the manner in which, and the purpose for which, the Board may associate with itself any person under sub-section (6) of section 4-;
(b) the powers and duties of the General Manager of the Board which may be determined under subsection
(4) of section 7-;
(c) the terms and conditions of service of the Chief Engineers, the Secretary and other officers and employees of the Board under sub-section (1) of section 9-:
(d) any other matter in respect of which provision is to be, or may be made by regulations.
SECTION 30: RULES AND REGULATIONS TO BE LAID BEFORE PARLIAMENT
Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made the-rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
BRAHMAPUTRA BOARD RULES, 1981
G.S.R. 676 (E), dated the 28th December, 1981.
1-In exercise of the powers conferred by Sec. 28 of the Brahmaputra Board Act, 1980 (46 of 1980), the Central Government hereby makes the following rules, namely:
RULE 01: SHORT TITLE AND COMMENCEMENT
(1) These regulations may be called the Brahmaputra Board Rules, 1981.
(2) They shall come into force on the date of their publication in the Official Gazette
RULE 02: DEFINITIONS
(1) In these rules, unless the context otherwise requires,-
(a) "Act" means the Brahmaputra Board Act, 1980 (46 of 1980)-.
(b) "North-Eastern Council" means the Council constituted under Sec. 3-ofthe North-Eastern Council Act, 1971 (84 of 1971)-.
(2) All words and expressions used in these rules but not defined shall have the meanings respectively assigned to them in the Act.
RULE 03: OFFICE OF THE BOARD.
(1) The office of the Board shall be located at Gauhati, Assam.
(2) The Board may be set up in liaison office at New Delhi
RULE 04: MEETING OF THE BOARD
(1) The Board shall hold meetings ordinarily twice a year: Provided that in case of any urgency, a special meeting or the Board may be summoned at any time by the Chairman.
(2) The meetings of the Board shall be fixed by the Secretary under the orders of the Chairman.
(3) The notice of the dale, time and venue of the meeting shall be served upon every member of the Board at least 21 days before the date fixed for the meeting in the case of normal meetings and 10 clear days in the case of special meetings
RULE 05: AGENDA
(1) Under the orders of the Chairman, the Secretary shall prepare and circulate to every member at least fifteen days before an ordinary meeting and seven clear days before a special meeting, a list of business to be transacted at that meeting with explanatory notes on each item.
(2) No business, not included in the agenda, shall be transacted without the permission of the Chairman.
(3) The review of the progress towards preparation of Master Plan and on any project or scheme under execution with the Board shall form an item in the agenda of every meeting of the Board
RULE 06: PRESIDING OVER MEETINGS OF THE BOARD
Every meeting of the Board shall be presided over by the Chairman of the Board. In case a meeting of the Board, duly convened, under the orders of the Chairman cannot be presided over by him for some reason, the meeting shall be presided over by the Vice-Chairman.
RULE 07: QUORUM
(1) Any eleven members shall form a quorum at a meeting of the Board.
(2) If a quorum is not available, the Chairman may cancel the meeting or adjourn it and the notice of the date, time and venue of the adjourned meeting of the Board shall be served upon every member of the Board not less than fifteen clear days in case of ordinary meetings and seven clear days in special meetings before the day fixed for the meeting. There shall be no quorum required for such an adjourned meeting.
(3) A notice will be deemed to be duly served upon any member of the Board, if it is served on him personally or it is sent to him by registered post at his official address.
RULE 08: Minutes of the proceedings of meetings
(1) The minutes of proceedings of every meeting shall be prepared by the Secretary.
(2) After approval of the minutes by the Chairman, the Secretary shall communicate the decisions of the Board to the members, the Governments of Assam, Meghalaya, Nagaland, Manipur and Tripura, Arunachal Pradesh and Mizoram and the North-Eastern Council, the Central Government, and the Chairman of the Standing Committee set up by the Board under sub-section
(8) of Sec. 4-of the Act.
RULE 09: DECISIONS OF THE BOARD
All matters brought before any meeting of the Board shall be decided by a majority of votes of the members present and voting at the meeting of the Board and in case of any equality of votes, the Chairman shall have a second or casting vote : Provided that where with reference to any matter brought before the Board, the Chairman is satisfied that there is a difference of opinion among the members of any question of policy or the rights of any of the Governments of Assam, Meghalaya, Nagaland, Manipur and Tripura, Arunachal Pradesh and Mizoram, the Chairman shall refer the matter to the
Central Government whose decision thereon shall be final: Provided further that with reference to any financial matter brought before the Board, if the Member of the Board representing the Ministry of Finance has any reservations about the proposal, the Chairman shall refer the matter to the Central Government whose decision thereon shall be final.
Explanation 1.-If any member raises in any meeting of the Board a point as to whether a question is a question of policy or whether any rights or any one or more of the Governments of Assam, Meghalaya, Nagaland, Manipur, Tripura, Arunachal Pradesh and Mizoram are involved in the consideration of a matter before the Board, a decision on the points so raised shall be given by the Chairman.
Explanation II.-When any member dissents from any decision so given by the Chairman, the State Government which is represented by that member, may represent to the Central Government through the Chairman and the decision of the Central Government thereon shall be final.
RULE 10: DELEGATION OF POWERS
The Board may delegate to the General Manager such powers as it may consider necessary.
RULE 11: TERMS OF OFFICE OF MEMBERS
(1) Subject to the provisions of Sec. 24-, a member other than an ex-officio member shall hold office for a period not exceeding three years from the date of his appointment: Provided that, notwithstanding the expiration of the respective periods of their appointment such members shall continue to hold office until their successors are appointed.
(2) The Chairman, Vice-Chairman, General Manager or the Financial Adviser may resign his office by writing under his hand, addressed to the Central Government after giving notice of at least three months and subject to such resignation being accepted by the Central Government and effective from the date as may be determined by the Central Government.
(3) The Chairman, Vice-Chairman, General Manager and the Financial Adviser shall draw such salary as may be determined by the Central Government in each case. They will be entitled to travelling allowance and house-rent allowance as may be determined by the Board with the approval of the Central Government. Their other terms and conditions of service will, in case they are Government servants, be such as are applicable to the Central Government servants of corresponding status.
2[(4) The Chairman, Vice-Chairman, General Manager and the Financial Adviser shall be entitled to leave, leave salary and leave travel concession as per Central Government Rules as may be applicable to the Central Government servants of corresponding status. They may also be given medical benefits as may be determined by the Board with the approval of the Central Government.]
(5) The pension and leave salary contributions of the Chairman, Vice-Chairman, General
Manager and the Financial Adviser, if on deputation to the Board shall be paid by the Board to the respective State Governments, Central Government or other lending authorities.
(6.) The Chairman, Vice-Chairman, General Manager and the Financial Adviser who are not Government servants will be entitled to the benefit of Contributory Provident Fund of the Board; Provided that the benefits of Contributory Provident Fund of the Board shall not be admissible to such persons who have been re-employed and are in respect of any retirement benefit from the Government in the form of pension or Contributory Provident Fund. They may, however, be permitted to join the Contributory Provident Fund and contribute to it but shall not be eligible for the Board's contribution
RULE 12: POWERS AND DUTIES OF CHAIRMAN
The Chairman shall be in overall charge of the Board and shall be wholly responsible for its efficient working. He will, in addition, discharge such powers and duties as may be delegated to him by the Board.
RULE 13: POWERS AND DUTIES OF VICE--CHAIRMAN
-In the absence of the Chairman, the Vice-Chairman shall preside over the meetings of the Board. He shall exercise such of those powers and duties of the Chairman as may be delegated to him by the Chairman and also perform such other functions as may be decided by the Chairman.
RULE 14: FUNCTIONS AND DUTIES OF GENERAL MANAGER
(1) The General Manager, as the Chief Executive Authority of the Board, shall be responsible for the proper administrations of the affairs of the Board. He shall prescribe and assign the duties of all officers and staff of the Board who are subordinate to him and shall exercise such supervision and disciplinary control as may be necessary and shall coordinate the activities of various units under the Board.
(2) The General Manager shall also exercise and discharge such powers and duties as may be delegated to him may be delegated to him by the Chairman and as may be determined by regulations.
(3) The General Manager shall also exercise the powers and duties as hereinafter prescribed under rule 16-in matters pertaining to budget and allocation or re-appropriation of grants
RULE 15: FUNCTIONS AND DUTIES OF FINANCIAL ADVISER
(1) The Financial Adviser shall be under the administrative control of the Board.
(2) The Financial Adviser shall advise the Board on all matters relating to revenue and expenditure. He shall have the right to refer to the Board any matter which in his opinion ought to be brought to its notice.
(3) The Financial Adviser shall be responsible for the maintenance of the accounts of the Board and conduct internal audit of these accounts.
(4) The Financial Adviser shall also exercise such powers and duties as are hereinafter prescribed in rule 16-in matters pertaining to the budget.
RULE 16: BUDGET
(1) The Board shall in each year prepare budget estimates for the ensuing financial year and the revised estimates for the current year showing the estimated expenditure and shall submit it to the Central Government by 15th October, each year. The revised budget when sanctioned shall supersede the original budget and shall be deemed to be the sanctioned budget for the year.
(2) No expenditure shall be incurred until the budget is sanctioned by the Central Government and the expenditure has received the sanction of the competent authorities.
(3) The budget shall be prepared in accordance with such instructions as may be issued from time to time and be in such form as the Central Government may direct. The budget statement shall contain following items:
(i) the estimated opening balance;
(ii) the estimated receipts referred to in sub-section (1) of Sec. 19-of the Act; and
(iii) the estimated expenditure classified under the following heads and sub-heads as the Central Government may direct, namely: Heads
(a) Administration;
(b) Surveys and investigations and preparation of Master Plan;
(c) Collection of hydrological and other data and statistics;
(d) Multi-purpose river projects-construction;
(e) Multi-purpose river projects-operation and maintenance;
(f) Any other work to be taken up by the Board under sub-section (2) of Sec. 13-of the Act;
(g) Other activities.
Sub-Heads
(a) Salaries;
(b) Wages;
(c) Travel expenses;
(d) Office expenses;
(e) Payments for professional and social services;
(f) Rent, rates and taxes;
(g) Publications;
(h) Major works;
(i Minor works;
(J) Machinery and equipment;
(k) Maintenance;
(l) Suspense: and
(m) Other charges.
(4) Supplementary estimates of expenditure, if any, shall be submitted to the Central Government in such form and on such dates as may be directed by it in this behalf.
(5) The General Manager shall prepare the budget proposals for all the units of the Board in consultation with the Financial Adviser. The budget proposals so prepared by the General Manager along with the comments of the Financial Adviser, if any, and the replies of the General Manager, thereto shall be placed by the Secretary before the Board for its approval.
RULE 17: ACCOUNTS
(1) Contributions of the Central Government and the State Governments to the Board shall be credited to the Brahmaputra Board Fund created under sub-section (1) of Sec. 19-of the Act and expenditure of the Board shall be met from the said Fund.
(2) The forms or compilation of accounts by the Board and its various units shall be prepared by the Financial Adviser and approved by the Board in consultation with the Comptroller and Auditor-General of India.
(3) The accounts of the Board shall be maintained in accordance with the general principles of classifications, as applicable to Government transactions. The Board shall maintain accounts of all receipts and expenditure relating to each year and maintain records in such a manner as to prepare annually the receipts and payment accounts and income and expenditure account and the balance-sheet. These accounts shall be approved by the Board and audited by the Comptroller and Auditor-General of India.
(4) The annual accounts of the Board along with the Auditor's report thereon as provided in Sec.22-of the Act shall be submitted annually to the Central Government within six months of the closure of the financial year for being laid on the tables of both Houses of Parliament.
RULE 18: ANNUAL REPORT
(1) The Board shall prepare its Annual Report within six months of the end of the financial year and forward it to the Central Government for being laid before each House of Parliament.
(2) The Annual Report shall give a full account of the activities of the Board during the previous year and shall include the audited accounts of the year and the Report of the Comptroller and Auditor-General of India thereon and the Board shall forward copies thereof to the Central Government. The Central Government shall cause the same to be laid before each House of Parliament.
(3) Printed copies of the Annual Report shall be made available to the Central Government and the Governments of Assam, Meghalaya, Nagaland, Manipur and Tripura, Arunachal Pradesh, Mizoram and North-Eastern Council immediately after the Annual Report is laid down before each House of Parliament.
3[(4) The Annual Report shall be prepared in the format given in Annexure 'A' annexed to these Rules.]
RULE 19: POWERS TO ENTER
-Any officer not below the rank of Overseer Junior Engineer of the Board, generally or specially authorised by the Board in this behalf, may, at all reasonable times, enter upon any land or premises and there do such things as may be reasonably necessary for the purpose of lawfully carrying out any of its works or of making any survey, examination or investigation, preliminary or incidental to the exercise of powers or the performance of the functions by the Board, under this Act: Provided that no such officer shall enter in any building or any enclosed court or garden attached to a dwelling-house unless with the consent of the occupier thereof without previously giving such occupier at least seven days notice in writing of his intention to do so.
[ANNEXURE '' (See rule 18-)Chapter 1.-General : Brahmaputra Valley and the flood problems : establishment of Board's office, give the list of the Members of the Board, number of Board meetings held and organisational set-up of the Board. Chapter II.-General Review: Administration and Organisation; Finance Accounts and Audit; Review of progress of works. Chapter III.-Review ofprogress in preparation of Master Plan ; Surveys and Investigations ; execution, maintenance and operation of multipurpose dams and other works ; drawing up of standards and specifications for construction, operation and maintenance of dams ; phased programme for construction by State
Governments of all dams and other projects/schemes incorporated in Master Plan. Chapter IV.-Meeting of the Brahmaputra Board Committees and important decisions taken. Chapter V.-Appendices : (i) Showing organisational set-up of the Brahmaputra Board. Note.-More appendices may be incorporated as required. Chapter VI.-Accounts : (i) Statement of Accounts ; (ii) Explanatory note on the Statement of Accounts ; (iii) Audit report on the Accounts of the Brahmaputra Board for the year ......... (iv) Audit certificate; (v) Errata.]
BRAHMAPUTRA BOARD (RESOLVING OF DISPUTES WITH THE STATES) RULES, 1988
G.S.R. 58, dated the 24th October, 1988
1.-In exercise of the powers conferred by Cl. (1) of sub-section (2) ofSec. 28read with Sec. 23 of the Brahmaputra Board Act, 1980 (46 of 1980), the Central Government hereby makes the following rules, namely:
RULE 01: SHORT TITLE AND COMMENCEMENT
(1) These regulations may be called the Brahmaputra Board (Resolving of Disputes with the States) Rules, 1988.
(2) They shall come into force on the date of their publication in the Official Gazette.
RULE 02: DEFINITIONS
(1) In these regulations, unless the context otherwise requires,-
(a) "Act" means the Brahmaputra Board Act, 1980 (46 of 1980)-.
(b) "Board" means the Brahmaputra Board established under Sec. 4-of the Act.
(c) "Dispute" means any dispute that may arise any or may have arisen between the Board and any State Government regarding any matter covered by the Act
(d) "Parties to the dispute" means the Board and one or more State Governments with whom the dispute may arise or may have arisen.
(2) All words and expressions used in these regulations but not defined shall have the meanings respectively assigned to them in the Act.
RULE 03: RESOLVING OF DISPUTES BY NEGOTIATIONS
On receipt of a reference regarding a dispute the Central Government shall call a meeting of the representatives of the concerned State Governments) and or the Chairman/Vice-Chairman, Brahmaputra Board and shall endeavour to resolve the dispute through negotiations.
RULE 04: RESOLVING OF DISPUTES BY CONCILIATION
(1) The Central Government may refer the disputes for conciliation to the Chairman, Central Water Commission, who shall try to conciliate the dispute and shall take all such steps, as he may deem fit, for purposes of enabling the parties to the dispute to come to a settlement
(2) The Conciliator shall complete the task assigned to him within six months from the date of the first meeting but the Central Government may grant suitable extension of time up to a period of six months if a request in that behalf is made by either the Conciliator or any of the parties to the dispute.
RULE 05: RESOLVING OF DISPUTES BY APPOINTING ARBITRATOR
(1) Notwithstanding anything contained in rule 3-orrule 4-, if the Central Government considers whether before initiating action for resolving the dispute by negotiation or conciliation, or at any stage after initiating such action that the dispute is of such a nature that it is necessary or expedient to refer it to arbitration, it shall request the Chief Justice of India for appointment of an Arbitrator under sub-section (3) of Sec. 23-of the Act for the settlement of this dispute.
(2) The terms and conditions of appointment of the Arbitrator under sub-rule (1) shall be such as may be determined by the Central Government in consultation with the Chief Justice of India.
(3) After the Arbitrator is appointed by the Chief Justice of India under sub-rule (1), the Central Government shall refer the dispute to the Arbitrator in a self-contained note containing, inter-alia, the following information:
(a) The parties to the dispute;
(b) Specific matter or matters in dispute with full details thereof;
(c) Any other matter connected with or relevant to the dispute;
(d) Efforts, if any, made by the parties to the dispute themselves or by the Central Government through the negotiations and/or conciliation as under rules 3-or4-to settle the matter(s) in dispute; and
(e) The views of the aggrieved party/parties on the matter or matters in dispute
BRAHMAPUTRA BOARD (ASSOCIATION OF ANY PERSON OR ORGANISATION OR ITS REPRESENTATIVE TO ASSIST OR ADVISE THE BOARD) REGULATIONS, 1986
G.S.R. 278, dated the 17th March, 1986.
1-In exercise of the powers conferred by Cl. (a) of sub-section (2) ofSec. 29read with sub-section (6) of Sec. 4 of the Brahmaputra Board Act, 1980 (46 of 1980)and with the previous approval of the Central Government, the Brahmaputra Board hereby makes the following regulations, namely:
REGULATION 01: SHORT TITLE AND COMMENCEMENT
(1) These regulations may be called the Brahmaputra Board (Association of any Person or Organisation or its Representative to Assist or Advise the Board) Regulations, 1986.
(2) They shall come into force on the date of their publication in the Official Gazette2
REGULATION 02: DEFINITIONS
(1) In these regulations, unless the context otherwise requires,-
(a) "Act" means the Brahmaputra Board Act, 1980 (46 of 1980)-.
(b) "Regulations" means the Regulations made under Sec. 29-of the Act.
(c) "Chairman" means the Chairman of the Brahmaputra Board.
(d) "Secretary" means the Secretary of the Brahmaputra Board.
(2) All words and expressions used in these regulations but not defined shall have the meanings respectively assigned to them in the Act
REGULATION 03: PERSON OR ORGANISATION
-The Board may associate or consult any person or expert or an organisation or agency or its representative, such as, Central Water Commissioner, Central Electricity Authority, Survey of India, Central Water and Power Research Station, Central Soil and Materials Research Station, Department of Environment, Ministry of Science and Technology or such other Governmental Bodies and/or other agencies of any discipline, such as, River Mechanics and River Morphology, Hydrology, Meteorology, Navigation, Hydro-power Generation, Power Transmission, Socio-economics, Geology, Seismology, Ecology, Remote sensing, etc. and financial and administrative management, etc. when it is considered necessary that the participation of such a person or an organisation or its representative for study or examination of advise in matters that would contribute in initiating, expediting or improving the performance of the responsibilities and functions against the Board under the Act
REGULATION 04: REQUEST FOR PERMISSION.
Where the need to associate such a person or organisation or its representative is approved by the Chairman, a request to this effect shall be made by the Secretary in writing to the head of the Organisation to permit the representative of the organisation to associate with the work of the Board.
REGULATION 05: CONDITIONS OF PARTICIPATION
-Such a person or organisation or its representative may, if necessary, be invited to the meeting of the Board when the specified item relevant to the purpose for which his association is sought, is under discussion before the Board and such a person shall be entitled to associate to the limited extent of participating on the discussions on the relevant item only and shall not be entitled to vote.
REGULATION 06: REMUNERATION OR ALLOWANCES
-The person or organisation or its representative would be entitled to remuneration or allowances as may be prescribed by the Board.
